request
X

FREE CONSULTATION

Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon
  • This field is for validation purposes and should be left unchanged.

*Indicates Required Fields

bbb-rating

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

menu

X

request

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

FOLLOW US:

Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

Can Illinois Sex Assault Charges Land You In Prison For Life?

In our state, there are certain crimes that warrant a life sentence. These crimes are considered Class X felonies. The list of Class X felonies is small, and mainly limited to homicide-related crimes.

 

However, certain sexual assault charges also make the list, such as aggravated criminal sexual assault. This is the charge that a massage therapist in Evanston is currently facing.

 

Ken Wang, 31, is employed at the Art of Health Spa. On October 13, he had a 20-year old Evanston woman as a customer. That day, the woman reported to police that during the massage, Wang began to touch her breasts, buttocks, and vagina in an inappropriate manner. The woman alleged that she tried to leave, but Wang grabbed her by the breasts, reached around her, and lifted her off the ground.

 

Wang was charged on counts of felony aggravated criminal sexual abuse and felony aggravated criminal sexual assault. Sound like serious charges? They are – and could land Wang in prison for a very long time.

 

Aggravated Criminal Sexual Assault and Abuse Charges

 

Depending on the circumstances, an individual may be charged with sexual assault/abuse, criminal sexual assault/abuse, or aggravated criminal sexual assault/abuse (among other crimes, if minors are involved).

 

An individual commits sexual assault when he or she sexually penetrates a victim and:

 

  • Uses force or threat of force
  • Knows the victim lacks the ability to give consent
  • Is related to the victim (and the victim is a minor)
  • Holds authority or trust over the victim (if the victim is between the ages of 13-18 and the individual is over the age of 17)

 

Without sexual penetration, it’s not sexual assault. Instead, the act is considered “sexual abuse.”

 

If the following happen during the alleged assault or abuse, the charge could be increased to aggravated criminal sexual assault or aggravated criminal sexual abuse:

 

  • The individual uses, or threatens to use, a deadly weapon, including a firearm
  • The individual is armed with, or discharges, a firearm
  • The individual causes bodily harm to the victim
  • The individual threatens or endangers the life of the victim
  • The individual commits sexual assault while attempting to commit a separate felony
  • The victim is over the age of 60, or has a physical or intellectual disability
  • The individual administers a controlled substance through force or without the victim’s consent

 

For a first offense, sexual assault is a class 1 felony. However, if the charge is aggravated criminal sexual assault, it is elevated to a class X felony. A second conviction of any type of sexual assault is also charged as a class X felony.

 

, Can Illinois Sex Assault Charges Land You In Prison For Life?

Class X felonies, even at the least severe level, come with a sentence that includes between 6-30 years in jail per act, and up to $25,000 in fines. Depending on the circumstances, especially the criminal history of the defendant, the sentence could be lengthened to 120 years or life in prison.

 

Aggravated criminal sexual abuse is a class 2 felony. Even though these charges are less severe, multiple counts could severely hamper your chances of securing a shorter sentence.

 

What it comes down to is the fact that you have to fight hard if you want to protect your rights and your future. It starts with getting in contact with an experienced Chicago sex crimes lawyer as soon as possible so that you can begin crafting your defense.

 

About the Author:

 

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

 

Our Blog

Domestic Battery’s Mandatory Minimum Sentencing

Domestic Battery

The state of Illinois considers certain crimes to be very serious, which has led to the idea of mandatory minimum sentencing for some crimes. Aggravated domestic battery is a crime for which, if convicted, you face a mandatory minimum sentence.

What does that mean? It means you could spend a longer time in prison or jail, especially if you have any prior domestic battery convictions on your criminal record. Read on to find out what Illinois considers to be domestic

[...]

Possessing Child Porn in IL: What Does It Mean?

Child Pornography

The issue of child pornography is something that is of great concern to the general public as well as law enforcement. That’s why the laws surrounding the crime are decisive and strict, and the definition of what constitutes child pornography and its possession is clearly spelled out under the current laws.

What does it mean to possess child pornography in Illinois? What types of penalties are associated with this crime? These are important questions for every citizen, so read on

[...]
Law Offices of Andrew Weisberg